Let’s take a look at a case where you might see these laws come in to play. Say a patron goes to a bar, where they consume several drinks. They remain on their best behavior the entire time, but after a while it becomes obvious to the bartender that they are having trouble keeping up with the sports on television, their speech is becoming slurred, and they stumble quite a lot when they get up to use the restroom. Nonetheless, the bar keeps serving them drinks. When the game finishes, the patron finishes their last drink, pays their tab, and leaves. They get into their car, drive off, and a mile later they fail to stop at a red light and crash into someone in an intersection.
In this instance, the bar which served the alcohol could find themselves in trouble. However, there’s a strong chance they may not be. Dram shop law in Connecticut requires there to be more than just mere negligence in order to be convicted—they must “recklessly” or “intentionally” continue to give someone alcohol in order for there to be a case. This is usually the sticking point, as proving recklessness or intention can be difficult. Thus, the driver injured in the accident with the bar patron may not be able to hold the bar responsible, unless they can prove that the bar was reckless in continuing to serve the patron who then injured them.
It’s also important to remember that this liability does not replace the liability of the intoxicated individual for their actions—if you cause injury to someone else while inebriated, you can and will likely be responsible for your actions. Those who have suffered this injury may simply have two different parties they can pursue in order to recover damages.
